Epstein Secrets

e of a subset of the withheld records that discuss or refer to Tartaglione (the "Tartaglione Records") would also interfere with the prosecution of Tartaglione. The Tartaglione Records contain information about Tartaglione's conditions of confinement and his interactions with Epstein, which have been put di

Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Sear

taglione Records could reasonably be expected to influence witness testimony and potential juror perceptions of any interactions between Epstein and Tartaglione. See Capone Decl ¶¶ 29-31. These explanations similarly "allow the court to trace a rational link between the nature of the document and the allege

.2d 1088 (D.C. Cir. 1989) 8 Oglesby v. U.S. Army, 920 F.2d 57 (D.C. Cir. 1990) 5 Pinson v. Dept of .htstice, 236 F. Supp. 3d (D.D.C. 2017) 22 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 7, 8 Renegotiation Bd. v. Grumman Aircraft Eng'g Corp., 421 U.S. 168 (1975) 13 Robbins, Geller, Ru

e of a subset of the withheld records that discuss or refer to Tartaglione (the "Tartaglione Records") would also interfere with the prosecution of Tartaglione. The Tartaglione Records contain information about Tartaglione's conditions of confinement and his interactions with Epstein, which have been put di

Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Sear

taglione Records could reasonably be expected to influence witness testimony and potential juror perceptions of any interactions between Epstein and Tartaglione. See Capone Decl ¶¶ 29-31. These explanations similarly "allow the court to trace a rational link between the nature of the document and the allege

.2d 1088 (D.C. Cir. 1989) 8 Oglesby v. U.S. Army, 920 F.2d 57 (D.C. Cir. 1990) 5 Pinson v. Dept of .htstice, 236 F. Supp. 3d (D.D.C. 2017) 22 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 7, 8 Renegotiation Bd. v. Grumman Aircraft Eng'g Corp., 421 U.S. 168 (1975) 13 Robbins, Geller, Ru

e of a subset of the withheld records that discuss or refer to Tartaglione (the "Tartaglione Records") would also interfere with the prosecution of Tartaglione. The Tartaglione Records contain information about Tartaglione's conditions of confinement and his interactions with Epstein, which have been put di

Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Sear

taglione Records could reasonably be expected to influence witness testimony and potential juror perceptions of any interactions between Epstein and Tartaglione. See Capone Decl ¶¶ 29-31. These explanations similarly "allow the court to trace a rational link between the nature of the document and the allege

.2d 1088 (D.C. Cir. 1989) 8 Oglesby v. U.S. Army, 920 F.2d 57 (D.C. Cir. 1990) 5 Pinson v. Dept of .htstice, 236 F. Supp. 3d (D.D.C. 2017) 22 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 7, 8 Renegotiation Bd. v. Grumman Aircraft Eng'g Corp., 421 U.S. 168 (1975) 13 Robbins, Geller, Ru

withheld Returned Records relates to the circumstances of Epstein's apparent suicide attempt and could reasonably be expected to interfere with the Tartaglione prosecution. See id. ¶¶ 15-16. B. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 6 and 7(C) Each of the Returned R

elease of the Tartaglione Records could reasonably be expected to interfere with any potential penalty-phase hearing required by 18 U.S.C. § 3593 in Tartaglione. Second, plaintiff mischaracterizes the Government's legitimate and reasonable concern about interference with any potential penalty phase of Tarta

New York Times Co. v. Nat'l Aeronautics & Space Admin., 782 F. Supp. 628 (D.D.C. 1991) 12 NYCLU v. DNS, 771 F. Supp. 2d 289 (S.D.N.Y. 2011) 19 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 6 Summers v. DOJ, No. CV 98-1837(RWR), 2004 WL 7333532 (D.D.C. Apr. 14, 2004) 14 iii EFTA00071587

treatment of Epstein, including psychological treatment, and Epstein's contacts with people who are not associated with BOP. 5 The charges against Tartaglione have nothing to do with Epstein. Tartaglione is charged with one count of conspiracy to distribute narcotics, four counts of intentional killing in

s of confinement at the facility. As a result, those conditions of Tartaglione's confinement at the MCC may be relevant to the penalty phase of the Tartaglione case. The theory falls far short of what the Government needs to show to overcome the presumption of openness that is central to FOIA. The theory w

214, 227 (1978) 9, 10 NRDC v. EPA, 2019 U.S. Dist. LEXIS 124353 (S.D.N.Y. July 25, 2019) 20 Pratt v. Webster, 673 F.2d 408 (D.C. Cir. 1982) 9 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 10 United States v. Noel, No. 19-CR-00830-AT (S.D.N.Y. June 9, 2020) 13 U.S. Dep't of Justice v. Ta

withheld Returned Records relates to the circumstances of Epstein's apparent suicide attempt and could reasonably be expected to interfere with the Tartaglione prosecution. See id. ¶¶ 15-16. B. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 6 and 7(C) Each of the Returned R

elease of the Tartaglione Records could reasonably be expected to interfere with any potential penalty-phase hearing required by 18 U.S.C. § 3593 in Tartaglione. Second, plaintiff mischaracterizes the Government's legitimate and reasonable concern about interference with any potential penalty phase of Tarta

New York Times Co. v. Nat'l Aeronautics & Space Admin., 782 F. Supp. 628 (D.D.C. 1991) 12 NYCLU v. DNS, 771 F. Supp. 2d 289 (S.D.N.Y. 2011) 19 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 6 Summers v. DOJ, No. CV 98-1837(RWR), 2004 WL 7333532 (D.D.C. Apr. 14, 2004) 14 iii EFTA00088608

treatment of Epstein, including psychological treatment, and Epstein's contacts with people who are not associated with BOP. 5 The charges against Tartaglione have nothing to do with Epstein. Tartaglione is charged with one count of conspiracy to distribute narcotics, four counts of intentional killing in

s of confinement at the facility. As a result, those conditions of Tartaglione's confinement at the MCC may be relevant to the penalty phase of the Tartaglione case. The theory falls far short of what the Government needs to show to overcome the presumption of openness that is central to FOIA. The theory w

214, 227 (1978) 9, 10 NRDC v. EPA, 2019 U.S. Dist. LEXIS 124353 (S.D.N.Y. July 25, 2019) 20 Pratt v. Webster, 673 F.2d 408 (D.C. Cir. 1982) 9 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 10 United States v. Noel, No. 19-CR-00830-AT (S.D.N.Y. June 9, 2020) 13 U.S. Dep't of Justice v. Ta

withheld Returned Records relates to the circumstances of Epstein's apparent suicide attempt and could reasonably be expected to interfere with the Tartaglione prosecution. See id. ¶¶ 15-16. B. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 6 and 7(C) Each of the Returned R

elease of the Tartaglione Records could reasonably be expected to interfere with any potential penalty-phase hearing required by 18 U.S.C. § 3593 in Tartaglione. Second, plaintiff mischaracterizes the Government's legitimate and reasonable concern about interference with any potential penalty phase of Tarta

New York Times Co. v. Nat'l Aeronautics & Space Admin., 782 F. Supp. 628 (D.D.C. 1991) 12 NYCLU v. DNS, 771 F. Supp. 2d 289 (S.D.N.Y. 2011) 19 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 6 Summers v. DOJ, No. CV 98-1837(RWR), 2004 WL 7333532 (D.D.C. Apr. 14, 2004) 14 iii EFTA00099601

E Document 42 Filed 02/10/21 Page 7 of 15 attempt; (4) reports and evidence of Epstein's death on August 10, 2019; (5) email correspondence between Tartaglione's attorneys and legal counsel at the MCC; and (6) medical and psychological records of Epstein prepared by BOP. (Decl. of Russell Capone, ECF No. 22

2020) 9 Neb. Press Ass 'n v. Stuart, 427 U.S. 539 (1976) 4, 5 ii EFTA00105601 Case 1:20-cv-00833-PAE Document 42 Filed 02/10/21 Page 4 of 15 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 2 Schiller v. City of New York, 2007 U.S. Dist. LEXIS 4285 (S.D.N.Y. Jan. 19, 2007) 8 Seife v. Dep'

E Document 42 Filed 02/10/21 Page 7 of 15 attempt; (4) reports and evidence of Epstein's death on August 10, 2019; (5) email correspondence between Tartaglione's attorneys and legal counsel at the MCC; and (6) medical and psychological records of Epstein prepared by BOP. (Decl. of Russell Capone, ECF No. 22

2020) 9 Neb. Press Ass 'n v. Stuart, 427 U.S. 539 (1976) 4, 5 ii EFTA00071611 Case 1:20-cv-00833-PAE Document 42 Filed 02/10/21 Page 4 of 15 Radcliffe v. IRS, 536 F. Supp. 2d 423 (S.D.N.Y. 2008) 2 Schiller v. City of New York, 2007 U.S. Dist. LEXIS 4285 (S.D.N.Y. Jan. 19, 2007) 8 Seife v. Dep'